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(영문) 울산지방법원 2015.05.22 2014가단33986
배당이의
Text

1. Defendant B among the distribution schedule prepared on December 18, 2014 with respect to the auction of D real estate in this Court.

Reasons

1. Facts of recognition;

A. On August 9, 2011, the F completed the registration of ownership transfer on the ground of sale to G on May 24, 2013, with respect to Class 2 neighborhood living facilities and detached houses (multi-households) of Class 5 above ground (hereinafter “instant building”).

B. As to the instant building, the registration of creation of a right to lease on a deposit basis, which is the maximum debt amount of 350 million won, on August 9, 2011 by Gyeyangsan Agricultural Cooperatives (hereinafter “Yyangsan Agricultural Cooperatives”), was completed on August 19, 201 by Defendant B’s registration of establishment of a right to lease on a deposit basis, which is the maximum debt amount of 350 million won, and on October 19, 201 by Defendant B’s registration of establishment of a right to lease on a deposit basis, which is the maximum debt amount of 40 million won.

C. On September 16, 201, the Plaintiff entered into a lease agreement with F to KRW 35 million for the instant building 405, and to KRW 24 months for the lease term from October 9, 2011 to October 9, 2013 (hereinafter “instant lease agreement”).

The Plaintiff paid F a down payment of KRW 3.5 million on the date of the instant lease agreement, and the remainder of KRW 31.5 million on October 7, 201, respectively, and made a move-in report to his/her domicile on October 7, 201, and received a fixed date in the instant lease agreement on the same day.

Defendant C entered into a lease agreement between F and F on October 10, 201, which stipulates that the lease deposit for 25,00,000 won and the lease term for 12 months is from October 10, 201 to October 9, 201, with respect to 202 of the instant building, and obtained a fixed date on the same day.

Defendant C paid the lease deposit to F on October 10, 201, and made a move-in report to the domicile of the instant building.

E. On September 3, 2012, the Plaintiff made a move-in report to the domicile address No. I, 201 at the instant building on September 3, 2012, but again made a move-in report to the domicile of the instant building on December 14, 2012.

On February 17, 2012, J, the Plaintiff’s children, made a move-in report to his/her domicile, and removed the instant building from another place on April 9, 2014.

F. As to the instant building and its site, December 19, 2013.

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